A local court has directed police to lodge an FIR against a developer for collecting payments from allottees before acquiring the mandatory project approvals.
The order against M/s Manohar Infrastructure and Construction Private Limited came on the plea of Ram Deo Singh, who had invested in the developer’s project “Palm Garden” in Mullanpur.
The complainant submitted in court that he applied for a 250 square yards plot in the project on February 28, 2012. The company acknowledged receipts of total amount of ₹23.75 lakh by way of two cheques in 2012 and 2013.
The project’s layout plan was approved in October 2015 and the zoning plan in November 2015, whereas exemption under Section 44 of the Punjab Apartment and Property Regulation Act, 1995, was granted in January 2017.
Singh contended that under the Act, the developer could not have advertised or collected money for the project from the general public for allotment of plot land till layout plans/zoning plans were approved by the competent authority and issuance of exemption under Section 44 of the Act by the state government.
Directing the police to lodge an FIR against the developer, the court of chief judicial magistrate said, “The accused had no authority to collect money from the complainant in 2012 for allotment of plot. It is settled law that if the information given clearly mentions the commission of a cognisable offence, there is no other option but to register an FIR forthwith.”
“Hence, the complaint is sent for registration of case and investigation under Section 156 (3) Code of Criminal Procedure to the SHO of police station concerned. Copy of complaint, along with copy of this order, be forwarded to SHO concerned for compliance,” the court ordered.
The case will now come up on May 30, when police need to submit the compliance report.
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